Where anyone, in order to catch wild beasts, digs pits in his fields or
vineyards, or sets snares, or fixes bows and ballistas in retired or
deserted places, remote from any highway, which are not often visited
by man, and where cattle have not easy access, and an animal belonging
to any person should be injured or killed by the contrivances placed
for wild beasts, as aforesaid, the negligent hunter, through whose
act the animal was killed, shall pay the value of the same to the
owner, because he did not use a proper degree of care. Said hunter
should previously give notice to all the neighbors; and if, after
such notification, anyone is injured by the traps aforesaid, he who
set them shall not be liable, because the party injured subjected
himself to danger, in disregard of the warning he had received. If,
however, anyone coming from a distance, and who had not been previously
notified, should ignorantly fall into any of said snares, and should
be injured or killed thereby, he who set said snares or traps for
wild beasts shall pay the third part of the compensation prescribed
by law, for persons injured or killed; for the reason that men, while
on a journey, should not, without their knowledge, be exposed to such
dangers.
=ANCIENT LAW.=
=XXIV. Concerning Injuries Resulting from the Obstruction of Highways.=
Where a public highway is obstructed, no one shall be legally liable
who breaks down a fence, or a wall, crossing or enclosing it. And he
who encloses or obstructs a public highway, shall be conducted by order
of the judge to the fence or wall traversing it, shall there receive
a hundred lashes, and be compelled to remove said obstruction, and
restore the highway to its former condition, even though there should
be a growing crop upon the same. If, however, the act should have been
committed by a person of great power and exalted rank, he shall be
required to pay twenty _solidi_. Other persons guilty of such an
offence shall each be compelled to pay ten _solidi_, and all sums,
obtained in this manner, shall go to the benefit of the public treasury.
=ANCIENT LAW.=
=XXV. Of the Space that is to be Preserved along Public Highways.=
No one shall rashly violate our laws by enclosing a highway leading to
any of our cities or provinces, but a full half _arepennis_ shall
be left on each side of the same; in order that sufficient space may
be available for all travellers.[43] Any person of rank who violates
this law, shall be fined fifteen _solidi_. Persons of inferior
station shall be fined eight _solidi_ for the benefit of the
public treasury. Whoever has a field of grain, a vineyard, or a meadow,
along a highway of this description, may enclose the same with a fence
or hedge; and, should he be too poor to do so, he shall have the right
to protect his field by a ditch.
=ANCIENT LAW.=
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